Bill Text: NY S04182 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes cities to request that railroad corporations perform railroad crossing, bridge and right of ways maintenance and to perform such maintenance if the corporation fails to do so.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S04182 Detail]

Download: New_York-2023-S04182-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4182

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 6, 2023
                                       ___________

        Introduced  by  Sens.  LANZA, TEDISCO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Transportation

        AN ACT to amend the general city law and the railroad law,  in  relation
          to  authorizing  cities  to request that railroad corporations perform
          railroad crossing, bridge and right of ways maintenance

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  general  city law is amended by adding a new section
     2  21-g to read as follows:
     3    § 21-g. Railroad bridge and right of ways  maintenance.  1.  Any  city
     4  through  which  a railroad route, as described in section sixteen of the
     5  railroad law, passes, except a railroad route on which trains or subways
     6  are operated by a public authority, may make a written  request  of  the
     7  railroad  corporation that owns the tracks, bridges and/or right of ways
     8  along such route within such city to perform maintenance of any and  all
     9  bridges  and/or  right of ways, including but not limited to, the paint-
    10  ing, cleaning, repairing, or lighting of such bridges, and/or the clean-
    11  ing, grading,  resurfacing,  cutting  or  removal  of  trees,  brush  or
    12  foliage, and/or other maintenance of such right of ways.
    13    2.  Any  request  made by a city in accordance with subdivision one of
    14  this section, must specify with particularity, the maintenance that  the
    15  city  is  requesting  to be performed, including the types of materials,
    16  processes, and equipment to be used, together with a description of  the
    17  property at which the bridge or right of way is located.
    18    3.  If,  after  ninety  days of a request made by a city in accordance
    19  with subdivision one of this section, the railroad corporation  has  not
    20  completely  complied  with  the  request,  then  the  city that made the
    21  request, may notify the  railroad  corporation  that  if  such  railroad
    22  corporation does not completely perform the requested maintenance within
    23  thirty  days,  that such city will perform, or contract to perform, such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07297-01-3
        S. 4182                             2

     1  maintenance on behalf of, and at the expense of,  such  railroad  corpo-
     2  ration.
     3    4.  If,  after thirty days of a notification made by a city in accord-
     4  ance with subdivision three of this section,  the  railroad  corporation
     5  fails  to completely comply with the request made by the city in accord-
     6  ance with subdivision one of this section, then  the  city  making  such
     7  request  and  providing such notice, may perform, or contract to perform
     8  the requested maintenance on behalf of, and  at  the  expense  of,  such
     9  railroad corporation.
    10    5. A railroad corporation, that has not complied with the request made
    11  in accordance with subdivision one of this section, and has not complied
    12  with a notice made in accordance with subdivision three of this section,
    13  shall  be  deemed  to have authorized and granted permission to the city
    14  making such request and providing such notice, and/or to the contractors
    15  of the city making such request and providing such notice, to enter  and
    16  remain  upon the property of the railroad corporation for the purpose of
    17  providing such requested maintenance.   During the  performance  of  the
    18  requested  maintenance  by  the  city  making such request, and/or their
    19  contractor, the  railroad  corporation  shall  provide  all  cooperation
    20  necessary,  including  the provision of the notification of train sched-
    21  ules, the necessary stoppage or reduction of speed of trains, the neces-
    22  sary access to any bridges and/or right of ways involved, and any  other
    23  assistance  or  cooperation  that  is necessary to complete such mainte-
    24  nance.
    25    6. Upon the completion of the maintenance in accordance with  subdivi-
    26  sion  five  of  this section, the city that performed, or contracted for
    27  the performance of, such requested maintenance, shall send an invoice of
    28  all  costs  and  expenses  incurred  by  the  city  that  performed,  or
    29  contracted  for  the  performance  of,  such requested maintenance. Such
    30  invoice shall  describe  with  particularity  all  costs,  payments  and
    31  expenses  made  and/or  incurred  by the city in the performance of such
    32  requested maintenance, including the number of hours of labor performed,
    33  and materials, processes and equipment used to complete the  task.  Upon
    34  receipt  of  the  invoice  described  in  this subdivision, the railroad
    35  corporation shall remit full payment to  the  city  that  performed,  or
    36  contracted  for  the performance of, such requested maintenance. If such
    37  railroad corporation fails to fully pay the invoice within sixty days of
    38  its receipt, the city may impose a lien for the amount  of  the  invoice
    39  upon the real property of the railroad, residing within such city.
    40    § 2. The railroad law is amended by adding a new section 29 to read as
    41  follows:
    42    §  29.  Railroad bridge and right of ways maintenance. 1. Any railroad
    43  corporation that has been provided a request, in accordance with  subdi-
    44  vision  one  of  section  twenty-one-g  of the general city law, for the
    45  performance of maintenance on a bridge or right of ways  owned  by  such
    46  railroad  corporation,  shall  make all reasonable efforts to comply and
    47  accommodate such request, including but not limited  to  performing,  or
    48  contracting for the performance of such request.
    49    2.  Any  city that does not receive reasonable compliance and accommo-
    50  dation from a railroad corporation, pursuant to this section or pursuant
    51  to section twenty-one-g of the general city law, may make an application
    52  to the  supreme  court  for  three  times  any  damages  such  city  has
    53  sustained,  as  the  result  of the railroad corporation's failure to so
    54  comply or accommodate.
    55    3. Any railroad corporation that  has  been  provided  a  request,  in
    56  accordance  with  subdivision one of section twenty-one-g of the general
        S. 4182                             3

     1  city law, for the performance of maintenance on a  bridge  or  right  of
     2  ways  owned by such railroad corporation, may make an application to the
     3  supreme court, seeking a temporary or limited stay  or  modification  of
     4  such  request,  in  the interests of justice, and upon good cause demon-
     5  strating as to why such request cannot be complied with or  accommodated
     6  by the railroad corporation.
     7    § 3. This act shall take effect immediately.